25-2-21. Enforcement.
(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:
(1)That party did not execute the agreement voluntarily; or
(2)The agreement was unconscionable when it was executed and, before execution of the agreement, that party:
(i)Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
(ii)Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
(iii)Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
(b) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
Source: SL 1989, ch 216, §6.